Government shutdown starts to affect federal court system in Pennsylvania

Federal trial delayed over costs to hire expert witnesses

The budget impasse in Congress is beginning to affect the operations of the federal court system, according to recent reports issued by Judge Stephanie L. Haines, who presides over the U.S. District Court in Johnstown.

Haines noted on Thursday that she would be open to a defense request to delay the trial of Morrisdale resident Clint Addleman, who is charged with the death of a Clearfield woman that occurred six years ago.

It is alleged he helped construct a bomb with another man, Kris Nevling of Houtzdale, that was used to kill 34-year-old Shawna Carlson, who resided in an apartment on the 300 block of East Market Street.

Nevling was convicted in August by a jury of conspiracy and possession of an unregistered explosive device.

He is scheduled to be sentenced in January.

Addleman has also been charged in the Carlson death, and Haines recently ordered that his trial is to begin in early December. It was originally to begin Oct. 27.

But Addleman's counsel argued that the budget impasse has resulted in lesser funding for attorneys representing indigent defendants like Addleman.

Attorneys Frank C. Walker of Clairton and Daniel Hutcheson of Alexandria, Va., argued this week that funds were needed to hire expert witnesses to complete the preparation of their defense and they sought a delay of the Addleman trial of at least six months.

Prosecution attorneys opposed such a lengthy delay, noting it could impact the memories of witnesses and delay closure for the victim's family.

Haines initially agreed with the prosecution's argument that a six-month delay was too long and she ordered jury selection for the Addleman trial to begin Dec. 2.

However, in a status conference this week, she inquired whether defense's expert witnesses were willing to agree to deferred payments for their work.

The defense attorneys countered by requesting a delay in the trial of six months from the date that funding is restored by the Department of Justice.

The government attorneys, Maureen Sheehan-Balchon, Shaun E. Sweeney and Samantha Stewart indicated they are still preparing for the December start of the trial.

Its experts will be able to appear for the December trial, the prosecution reported.

Haines, upon hearing the arguments, responded she would "entertain a written motion for a continuance of the trial, but would also allow the government to respond."

Chief Judge of the Western District Court Mark R. Hornak earlier this month addressed the federal budget impasse.

He noted that a request by the Department of Justice for a stay in Miscellaneous Civil Actions was granted due to the "Lapse of Appropriation" of funds.

"This order applies to any civil action currently filed upon the docket of this Court, or which is filed during the pendency of this stay," he wrote.

But there are some exceptions to Hornak's order.

The exemptions include: matters pending in the Bankruptcy Court; civil actions relevant to the immigration laws; civil actions seeking release from custody, and civil actions in which the interests of the United States are represented by nonfederal, retained counsel.

One of the cases affected by the stay is a civil action brought against the government and the Moshannon Valley Processing Center by a former female immigrant who charged an employee at the center with sexual harassment.

On Oct. 9, Haines in that case stated, "Pursuant to Chief Judge Mark R. Hormack's standing order (issued Oct. 3) this action is stayed in light of the lapse of federal appropriation. ... This stay shall continue in full force and effect until vacated or modified by further order (of Haines)."